Driver's 30-year ban described as 'draconian' 

A JUDGE decided not to extend a man’s driving ban after hearing he was already disqualified from driving for 30 years.

Appearing in Naas District Court last week was Valeriu Chiforiuc (59), Ros Alainn, Kilbride Road, Blessington charged with driving without insurance at Newtown, Eadestown on 14 August 2021.

He was also charged with four other lesser driving offences of not having a licence, failing to produce either a licence or insurance cert, and not having a valid NCT.

Sergeant Mary Meade explained how colleagues had observed a vehicle overtake on a continuous white line on a blind bend and subsequently issued a fixed penalty notice. When this wasn’t paid, gardaí discovered that Mr Chiforiuc was disqualified and had eight previous convictions – two of which were for having no insurance. 

It was revealed that he had previously been disqualified in 2008, and then again in 2009, for which he received the 30-year ban.

“30 years? Does that 30-year disqualification still stand?” asked an incredulous Judge John Brennan.

“Unfortunately, yes,” said defending solicitor Tim Kennelly. “Mr Chiforiuc believed the matter was under appeal and was told so by other solicitors.

"I’ve explained that it’s up to him to check this (the appeal), and not the solicitors. He was a bit reckless. He had an insurance policy, but it couldn’t be valid because he was disqualified. But he paid for it and brought it to the guards."

“How could he get insured without a licence?” the judge asked.

“That insurance was accepted at the time by the guards, but he was disqualified,” said Mr Kennelly. “He felt he was entitled to drive. I believe a 30-year ban to be a bit draconian."

A fellow practitioner, though not involved in the case Cairbre Finan took it upon himself to assist the court.

“There was a High Court ruling that 30 to 40-year bans were disproportionate,” he said.

“That’s common knowledge,” said Judge Brennan. “I will convict (on the no insurance charge) and fine him €200 in light of these extraordinary circumstances. I won’t add to the ban.”